Khalid, R. v [2019] EWCA Crim 701 (05 April 2019)

Khalid, R. v [2019] EWCA Crim 701 (05 April 2019)

The sentences imposed were not manifestly excessive or wrong in principle. The judge was entitled to find that aggravating features justified the starting points and that mitigating factors, including lack of intention to kill, lack of premeditation, youth, and mental health, were of limited weight in the circumstances. The sentencing differential between Bowen and Khalid sufficiently reflected their respective culpability.

Citation
[2019] EWCA Crim 701
Parties
Prosecution: Regina; Appellant: Mohammed Khalid; Appellant: Neville Bowen
Jurisdiction
England and Wales
Judgment Date
05 April 2019
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
Appeals dismissed
Legal Topics
Sentencing, Murder, Joint Enterprise, Mitigation, Aggravating Factors
Criminal Law Sentencing Murder Joint Enterprise Mitigation Aggravating Factors

Case Brief

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Parties

Regina

Prosecution

Mohammed Khalid

Appellant

Neville Bowen

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the minimum terms of 27 years for Bowen and 21 years for Khalid for murder were manifestly excessive or wrong in principle.
  2. 2 Whether sufficient weight was given to mitigating and aggravating factors, including lack of intention to kill, lack of premeditation, youth, mental health, and previous good character.

Ratio Decidendi

The sentences imposed were not manifestly excessive or wrong in principle. The judge was entitled to find that aggravating features justified the starting points and that mitigating factors, including lack of intention to kill, lack of premeditation, youth, and mental health, were of limited weight in the circumstances. The sentencing differential between Bowen and Khalid sufficiently reflected their respective culpability.

Court Disposition

Appeals dismissed

Orders

  • Appeal against sentence by Bowen dismissed
  • Appeal against sentence by Khalid dismissed